(News Journal image)
(News Journal) Maureen Milford reports ~ Delaware Supreme Court to hear case dealing with traffic, rezoning issues - Justices could decide if counties have to think of traffic in process - Citizens group challenges ruling on traffic
[By] appealing the ruling, the developer has reopened the door for the citizens’ group Save Our County and homeowners who brought the original lawsuit to raise the argument that a provision within the Quality of Life Act imposes an obligation on County Council to obtain traffic analysis.
Glasscock rejected that argument, although he agreed with Save Our County that the vote was arbitrary and capricious. Based on the appeal brief, rulings on the state law issue are not consistent. A prior Chancery Court decision found that Delaware law mandates that County Council consider traffic analysis by the Delaware Department of Transportation before deciding on a rezoning Jeffrey Goddess, the lawyer for Save Our County, said his clients would have stayed silent on the state law issue if Stoltz had not appealed. But with the filing of the appeal, Save Our County has cross appealed to the Supreme Court, saying Glasscock erred on the state law issue although it agrees with his reasons for invalidating the vote.
New Castle County, which filed its own cross appeal, was aggressive in arguing in the lower court that state law required County Council to consider a traffic analysis before a vote on a rezoning. “While perhaps the statute could have been more artfully drafted, the county believes the language is free from ambiguity,” Sidney Liebesman said. “Reading the statute as a whole leads inescapably to the conclusion that a traffic analysis was required and should have been considered before the vote.” The Supreme Court could decide to interpret the provision dealing with traffic issues in the zoning process or it could suggest that the General Assembly look at the statute, observers say. It’s expected to hear the case early next year.
~*~
0 comments:
Post a Comment